' S. ABDUL JABBAR KHAN (CHAIRMAN).- Muhammad Aslam Malik, Section Officer, Irrigation and Power Department has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded Additional Chief Secretary to Government of the Punjab, SGA&I Department as respondent,
2. By virtue of this appeal he has prayed that he may be allowed benefit of selection grade allowed by Finance Department letter No, FD.PC/16-22/72, dated 22-1-1981 in his permanent capacity as Assistant and thereafter be allowed fixation of pay as officiating Superintendent from the date on which the selection grade has been revised.
3. Brief facts of the case are that the Assistants working in the Secretariat were allowed selection grade-14 w,e,f, 11-1-1981 i,e, 20% of the permanent posts as well as those temporary post which were in existence more than 5 years. The appellant had already been promoted as Superintendent when this concession was granted by the Finance Department to all the said Assistants.
4. The appellant made a representation to the higher authorities praying therein that he may be allowed the benefits of Grade-14 as Assistant and then his pay be fixed accordingly as Superintendent a post which he then occupied. This representation was rejected by the Government. Hence this appeal.
5. We have heard the appellant in person as well as the learned District Attorney assisted by representative of the Department.
6. The main stress laid down by the appellant in this case is that as he was basically an Assistant, therefore, the benefits so conferred upon his class should have been made available to him in that capacity and accordingly his pay as Superintendent should have been calculated keeping in view the pay plus benefits of the said post.
7. On the other hand the stand of the Government through learned District Attorney is that the argument advanced by the appellant is fallacious on the ground that at the time when this concession was announced on 11-1-1981 he was no more an Assistant but was working as Superintendent (higher grade), therefore, it does not lie in his mouth to say that he should get double benefit i,e, the benefit of a higher post as well as of his substantive post. According to learned District Attorney of this argument of the appellant is accepted then this is going to create chaos, as well will creats complications in fixation of pay of those persons who were working as Assistant at that time, as this benefit can only be claimed by the appellant if he is first reverted to his substantive post.
8. We have given our anxious thought to the arguments so advanced by the parties and are of considered opinion that the prayer of the appellant is misconceived. He can hardly escape an established fact which is that he was no more an assistant on 11-1-1981 when the Finance Department issued the letter so quoted above for the benefit of the working assistants. The appellant on his promotion on higher grade drew all other benefits attached to the said assignment, therefore, he cannot be allowed to claim benefit of a post which he was not occupying at the relevant time. Mr. Yaqub Zia, Section Officer Finance Department has further elaborated the point of view of the Government by submitted that the only appropriate course for the appellant should have been if he wanted to secure this benefit that he should first seek his reversion to the post of Assistant and then claim what he is claiming today. According to the Section Officer even this would be exercise which would create complications for the Department as it is going to unsettle, cases of a number of Assistants who have already been benefited by this letter of the Finance Department while the appellant was working on higher post.
9. We have also taken into consideration the advice of the Finance Department which is as under:- "Finance Department observed that those substantive Assistants of the Punjab Civil Secretariat, who stood promoted to officiate as Superintendent/Section Officer since before 11-1-1981 i,e, the date w,e,f, which Government have sanctioned Selection Grade for Assistants in N.P.S.-14 are entitled to the grant of the said Selection Grade.
' However, on the grant of Selection Grade for Assistants to such officers w,e,f, 11-1-1981 their pay as Superintendent or Section Officer cannot be revised and re-fixed. They can only be allowed to draw their presumptive substantive pay as Selection Grade Assistant in N.P.S.-14 instead of their officiating pay as Superintendent in N.P.S.-16 or Section Officer in N.P.S-17 if the former happens to be more than the latter and till the position remains as such under Rule 4.14 of the C.S.R. (Punjab)
Vol. I, Part-I."
10. In view of the above analysis of the entire case we hardly find any merit in the appeal so made before us by the appellant and dismiss the same.
There will be no order as to cost.